Guam § 40125 - Emergency Permit Control.

§ 40125. Emergency Permit Control.

(a) Whenever the Director finds after investigation that the distribution

in the territory of Guam of any class of food may, by reason of

contamination with microorganism during manufacture, processing or

packing thereof in any locality, be injurious to health and that such injurious

nature cannot be adequately determined after such articles have entered

commerce, he then, and in such case only, shall promulgate regulations

providing for the issuance to manufacturers, processors or packers of such

class of food in such locality of permits to which shall be attached such

conditions governing the manufacture, processing or packing, or packing of

such class of food, for such temporary period of time as may be necessary

to protect the public health; and after the effective date of such regulations

and during such temporary period, no person shall introduce or deliver for

introduction into commerce any such food manufactured, processed or

packed by any such manufacturer, processor or packer unless such

manufacturer, processor or packer holds a permit issued by the Director as

provided by such regulations.

(b) The Director is authorized to suspend immediately upon notice any

permit issued under authority of this Section if it is found that any of the

conditions of the permit have been violated. The holder of a permit so

suspended shall be privileged at any time to apply for reinstatement of such

permit and the Director shall immediately after prompt hearing and

inspection of the establishment, reinstate such permit if it is found that

adequate measures have been taken to comply with and maintain the

conditions of the permit, as originally issued or as amended.

(c) Any officer or employee duly designated by the Director shall have

access to any factory or establishment, the operator of which holds a permit

from the Director for the purpose of ascertaining whether or not the

conditions of the permit are being complied with and denial of access for

such inspection shall be grounds for suspension of the permit until access is

freely given by the operator.